Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                         CHAPTER 508-H.F.No. 31 
           An act relating to public safety; creating the 
          Minnesota advisory council on fire protection systems; 
          requiring licensing and certifying of the fire 
          protection industry; providing for rules and an 
          exemption; providing for fees; imposing a penalty; 
          appropriating money; proposing coding for new law as 
          Minnesota Statutes, chapter 299M. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [299M.01] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] For the purposes of this chapter, 
the following terms have the meanings given them in this section.
    Subd. 2.  [APPRENTICE SPRINKLER FITTER.] "Apprentice 
sprinkler fitter" means a person, other than a fire protection 
contractor or journeyman sprinkler fitter, who is regularly 
engaged in learning the trade under the direct supervision of a 
licensed fire protection contractor or journeyman sprinkler 
fitter and is registered with a state or federal approval agency.
    Subd. 3.  [COMMISSIONER.] "Commissioner" means the 
commissioner of public safety.  
    Subd. 4.  [COUNCIL.] "Council" means the Minnesota advisory 
council on fire protection systems. 
    Subd. 5.  [DEPARTMENT.] "Department" means the department 
of public safety. 
    Subd. 6.  [FIRE PROTECTION CONTRACTOR.] "Fire protection 
contractor" means a person who contracts to sell, design, 
install, modify, alter, or inspect a fire protection system or 
its parts or related equipment. 
    Subd. 7.  [FIRE PROTECTION SYSTEM.] "Fire protection system"
means a sprinkler, standpipe, hose system, or other special 
hazard system for fire protection purposes only, that is 
composed of an integrated system of underground and overhead 
piping connected to a potable water source.  "Fire protection 
system" does not include the water service piping to a city 
water main, or piping used for potable water purposes, or piping 
used for heating or cooling purposes.  Openings from potable 
water piping for fire protection systems must be made by persons 
properly licensed under section 326.40.  Persons properly 
licensed under section 326.40 may also sell, design, install, 
modify or inspect a standpipe, hose system only. 
    Subd. 8.  [JOURNEYMAN SPRINKLER FITTER.] "Journeyman 
sprinkler fitter" means a person who is certified as competent 
to engage in installing, connecting, altering, repairing, or 
adding to a fire protection system for and under the supervision 
of a fire protection contractor. 
    Subd. 9.  [MUNICIPALITY.] "Municipality" means a town or 
statutory or home rule charter city. 
    Sec. 2.  [299M.02] [ADVISORY COUNCIL.] 
    Subdivision 1.  [COMPENSATION; REMOVAL; EXPIRATION.] The 
Minnesota advisory council on fire protection systems and its 
members are governed by section 15.059, except that the terms of 
members are governed by subdivision 2. 
    Subd. 2.  [MEMBERSHIP.] The council consists of the 
commissioner of public safety or the commissioner's designee, 
the commissioner of labor and industry or the commissioner's 
designee, and eight members appointed for a term of three years 
by the governor.  Two members must be licensed fire protection 
contractors or full-time, managing employees actively engaged in 
a licensed fire protection contractor business.  Two members 
must be journeyman sprinkler fitters certified as competent 
under this chapter.  One member of the council must be an active 
member of the Minnesota State Fire Chiefs Association.  One 
member must be an active member of the Fire Marshals Association 
of Minnesota.  One member must be a building official certified 
by the department of administration, who is professionally 
competent in fire protection system inspection.  One member must 
be a member of the general public.  The commissioners or their 
designees are nonvoting members. 
    Subd. 3.  [DUTIES.] The council shall advise the 
commissioners of public safety and labor and industry on matters 
within the council's expertise or under the regulation of the 
commissioners.  
    Sec. 3.  [299M.03] [LICENSE OR CERTIFICATE REQUIRED.] 
    Subdivision 1.  [CONTRACTOR LICENSE.] A person may not 
sell, design, install, modify, or inspect a fire protection 
system, its parts, or related equipment, or offer to do so, 
unless annually licensed to perform these duties as a fire 
protection contractor.  No license is required under this 
section for a person licensed as a professional engineer under 
section 326.03 who is competent in fire protection system design 
or a person licensed as an alarm and communication contractor 
under section 326.2421 for performing activities authorized by 
that license.  
    Subd. 2.  [JOURNEYMAN CERTIFICATE.] A person may not 
install, connect, alter, repair, or add to a fire protection 
system, under the supervision of a fire protection contractor, 
unless annually certified to perform those duties as a 
journeyman sprinkler fitter or as a registered apprentice 
sprinkler fitter. 
    Sec. 4.  [299M.04] [RULES; SETTING FEES.] 
    The commissioner shall adopt permanent rules for operation 
of the council; regulation by municipalities; permit, filing, 
inspection, certificate, and license fees; qualifications, 
examination, and licensing of fire protection contractors; 
certification of journeyman sprinkler fitters; registration of 
apprentices; and the administration and enforcement of this 
chapter.  Fees must be set under section 16A.128.  Permit fees 
must be a percentage of the total cost of the fire protection 
work. 
    Sec. 5.  [299M.05] [EXEMPTION FROM EXAMINATION.] 
    A person who submits satisfactory proof to the commissioner 
of actively engaging in full-time fire protection systems 
installation either as a fire protection contractor or 
journeyman sprinkler fitter for a period of five years before 
the effective date of this section, and who applies for a 
license or certificate within 60 days after the effective date 
of this section, is eligible for licensure or certification 
without examination for two years after the effective date of 
this section.  A person who is exempt from examination for the 
two-year period, fulfills all other requirements under this 
chapter and under rules adopted under section 4, and pays the 
required annual fee must be granted the appropriate license or 
certificate.  
    Sec. 6.  [299M.06] [REVOCATION, SUSPENSION, REFUSAL.] 
    The commissioner may revoke, suspend, or refuse to issue or 
renew a license or certificate issued under this chapter.  Any 
person aggrieved by the commissioner's action may request a 
hearing before the commissioner.  The provisions of sections 
14.57 to 14.69 apply to the hearing and to any subsequent 
proceedings.  
    Sec. 7.  [299M.07] [MUNICIPAL REGULATION.] 
    A municipality by ordinance may require payment of permit 
fees for competent inspection of fire protection systems.  
    A municipality enacting an ordinance after the effective 
date of this section shall notify the commissioner of public 
safety. 
    A municipality may not require licensing, certification, 
registration, bonding, or insurance that is in addition to the 
state requirements outlined under this chapter. 
     Sec. 8.  [299M.08] [PENALTY.] 
    It is a misdemeanor for any person to intentionally commit 
or direct another person to commit either of the following acts: 
    (1) to make a false statement in a license application, 
request for inspection, certificate, or other form or statement 
authorized or required under this chapter; or 
    (2) to perform fire protection system work without a proper 
permit, when required, and without a license or certificate for 
that work. 
    Sec. 9.  [299M.09] [AUTHORITY TO CONTRACT.] 
    The commissioner may contract for services with local units 
of government. 
    Sec. 10.  [299M.10] [MONEY CREDITED TO GENERAL FUND.] 
    The fees and penalties collected under this chapter, except 
as provided in section 7, must be deposited in the state 
treasury and credited to the general fund.  Money received by 
the state fire marshal division in the form of gifts, grants, 
reimbursements, or appropriation from any source for the 
administration of this chapter must also be deposited in the 
state treasury and credited to the general fund. 
   Sec. 11.  [299M.11] [FEES.] 
    Subdivision 1.  [LICENSING FEE.] A person required to be 
licensed under section 3, subdivision 1, shall, before receipt 
of the license and before causing fire protection-related work 
to be performed, pay the commissioner an annual license fee. 
    Subd. 2.  [CERTIFICATION FEE.] Employees required to be 
certified under section 3, subdivision 2, shall, before 
performing fire protection-related work, pay the commissioner an 
annual certification fee. 
    Subd. 3.  [REGISTRATION FEE.] Employees required to be 
registered under section 3, subdivision 2, shall, before 
performing fire protection-related work, pay the commissioner an 
annual registration fee. 
    Subd. 4.  [SURCHARGE FEE.] Before beginning fire 
protection-related work, a fire protection contractor shall pay 
a project surcharge fee to the commissioner based on a 
percentage of the total costs of the fire protection-related 
work. 
    Subd. 5.  [DEPOSIT OF FEES.] Fees collected under this 
section must be deposited in the state treasury and credited to 
the general fund. 
    Sec. 12.  [299M.12] [CONFLICTS OF LAWS.] 
    This chapter is not intended to conflict with and does not 
supersede the Minnesota state building code, the Minnesota 
uniform fire code, or other state law. 
    Sec. 13.  [APPROPRIATION; COMPLEMENT.] 
     $147,000 is appropriated for the fiscal year ending June 
30, 1993, from the general fund to the department of public 
safety for the purposes of sections 1 to 11.  
    The complement of the department of public safety is 
increased by two positions for the 1993 fiscal year for the 
purposes of sections 1 to 11. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 29, 1992, 7:45 a.m.